Appeal your Failure to Stop Charge | Motoring Solicitor

Appeal your Failure to Stop Charge | Motoring Solicitor

Are you being charged with Failure to Stop? TrafficLawyer4u have over 25 years experience in successfully handling failure to stop cases.

We've dealt with numerous cases where a person has failed to stop after a road traffic accident, or even failed to stop when they have been signalled to by the authorities. We have a proven track record of defending those who have been charged with a failure to stop offence, but it's vital that work begins on your defence as soon as possible to give us the best possible chance to avoid any potential driving bans.

Failure to Stop: The Law

The current UK laws concerning failure to stop after a road traffic accident, or failure to stop in other situations, falls under the 1988 Road Traffic Act. They key sections that effect the outcome of your failure to stop court case are the following:

- Section 170(2) - The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above.

- Section 170(3) - Places obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable". It does not mean the driver has 24 hours within which to report the collision.

Failure to Stop: The Conviction

In order to be convicted of failure to stop, the prosecution must prove that you didn't comply with the above two subsection laws of the 1988 Road Traffic Act. Failure to stop requires evidence that you failed to stop, which includes evidence that you were involved in any related road traffic accident. When the evidence reveals that the defendant is guilty of both the above failure to stop laws, proceedings will be brought for both offences. The failure to stop is usually viewed as the more serious of the two.

As with all driving bans, prosecution can also depend on the person's situation. The court is often more lient when discusing a driving ban case that involves a person who needs to travel for work, and has people who are dependant on the income of their employment.

Despite being a very strict duty on drivers to stop after an accident, do not assume there are no defences to the charge. There are and we are here to use them for you if possible. For example it is a defence to failing to stop if the driver can satisfy the court that he was unaware that an accident had occurred. It may be that you did stop after an accident and wait for a reasonable time before leaving the scene. In order to avoid a conviction for failing to stop, your argument has to be persuasive. We are experts at putting your version of events to the court.

If you are prosecuted for failing to stop this will be heard in the Magistrates Court.

If you are found guilty of failing to stop the offence will attract the full penalty unless this can be reduced by mitigation. This is where we can help again. If it is not possible to secure an acquittal it is important that we fully explain your position to the court to ensure that any penalty is kept to the absolute minimum.

Failure to Stop: The Penalty

There are various penalties that can be given if you are convicted of a failure to stop charge. Obviously, these all depend on the severity of each individual case and the circumstances of the defendant.

The failure to stop penalties range from a fine of up to £5,000, a driving ban for a given period decided in court, or 5 to 10 penalty points on your driving license. In more severe cases of failing to stop, the court has the power to issue a prison sentence of up to six months' imprisonment.

We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible failure to stop conviction!

Contact us about Failure to Stop

Contact our expert solicitors today regarding your Failure to Stop case. Call us direct on 0800 195 6567 or fill out our confidential online enquiry form with the details of your case and we’ll get back to you.

At Trafficlawyer4u Solicitors, you will only ever be advised by fully qualified, experienced Solicitors and Barristers. There will be no situation in which you are given advice by an unqualified member of staff.

When speaking to firms of Solicitors, you should always ensure that the person giving the advice is a fully qualified Solicitor or Barrister in order to ensure the advice is correct. Contact us today on 0800 195 6567

Services

The careless driving offence actually has a very wide definition. The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access

Are you facing a careless driving or Driving without Due Care and Attention charge? Contact us today to find out how we can help, or click read more below to find out more about our careless driving defence! As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

Robert Bimpson is an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case. Our success rate in either avoiding or greatly reducing a driving ban is huge.

In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving. It is important that you contact us as soon as possible so we can begin to build your defence!

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person. We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.

In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations. If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately. We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.

Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle. There are, and success may well depend upon the speed with which you act when you are prosecuted. Contact us immediately.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’ Such
an offence can cover several situations where a person has not
cooperated with a preliminary test, but usually relate to a defendant
being physically or mentally incapable of providing it or to so would
entail a substantial risk to his health. The inability to cooperate
with a preliminary test, if caused by drink or drugs will not be a
defence. If you face prosecution for this traffic offence you need a
specialist drink drive lawyer to best represent your interests.

If you believe that any evidence of you speeding is wrong, you should contact us as soon as possible. To secure a conviction, the court has to be sure as to the accuracy of any evidence. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

Remember, if any speeding ticket potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about the speeding fine and hope it will go away, it won't. Contact us today to find out how we can help!

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.